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New citizens get history lesson

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Twenty-two new Americans from 21 different nations were the stars of the show when they took the oath of allegiance and became United States citizens Tuesday morning.

But the new citizens got something more than their naturalization papers.

They also got a history lesson, with a re-enactment of Theodore Roosevelt’s 1901 inauguration on the original historic site, followed by the recitation of the 44 U.S. presidents by a Clarence fifth-grader who’s been an American citizen all 11 of his years.

Declan Hurley, dressed in patriotic colors, reeled off all 44 U.S. presidents in order, first and last names.

“He gets better at it all the time,” Chief U.S. District Judge William M. Skretny said in introducing him. “What throws him off is when they add another president.”

It’s too bad that the 22 new citizens didn’t get to hear Declan explain later what it means to be an American.

“I love the United States,” he said. “It’s a great country to live in. First of all, we do not have any dictator who controls every aspect of your life. You are free to do whatever you want. And second, we have 50 states. They’re all different places to go, in one country.”

Declan started doing his presidential recitation after a visit to Washington, D.C., with his parents, Jennifer and Peter, at age 5. Every night, before going to bed, he’d learn a new president, and he had memorized the list before his sixth birthday.

Later, on a White House tour at age 6, he said he wanted to be the first deaf president. Now he wants to be a movie director.

“I used to think when I was a little kid that presidents were in charge of everything,” he said. “Now, the more I read about, it’s Congress that’s in charge and settles things. They veto everything.”

Declan clearly loved sharing this country’s historical roots with his new fellow citizens.

What would he like to say to them?

“Good job, coming all the way here,” he replied. “I’m proud of you. It was great seeing so many people of different nationalities.”

The new Americans came from all over, from China and Cuba, from Ethiopia and El Salvador, and from Taiwan and Turkey. Only Canada was represented twice among the new citizens.

Each has a story, perhaps united by what Skretny told them, that what distinguishes America is its dedication to human rights. Their race, their color, their country of origin – none of that matters.

“We are all equal under the Bill of Rights and the Constitution of the United States,” the judge told them.

All worked hard to become U.S. citizens, Skretny said, and it was obvious from several brief interviews that everyone has a distinctive past and lofty goals:

• Radna Khaiber, 31, from Afghanistan, has a dream to open her own restaurant.

Back in Afghanistan, the Taliban considered her family infidels, because they helped Americans, according to Khaiber’s Buffalo neighbor, Kathy Vujakovich. Khaiber’s father believed in America and wanted his children to come here.

“Today, I’m so happy,” Khaiber said. “My heart is too much happy.”

• Mairis Batista, 39, explained why she came here from the Dominican Republic.

“To have a better life, to try something different, to have a better opportunity,” she said.

• And Zarina Shekenova, 36, grew up as a happy child in Kazakhstan and had a good career as a medical doctor there. Even after coming to Buffalo five years ago, she didn’t plan on seeking U.S. citizenship, at least for 10 years.

But she was swayed by what she called America’s “most kind people.”

“Whenever I asked for help, I got it in full,” she added.

Many of these new Americans have come a long way with their English, while others still struggle. So the true appreciation of American history will come later, and they probably wouldn’t have understood Declan when he was asked for his favorite president.

“Probably Lincoln or Kennedy,” he replied. “Lincoln, because he helped the deaf [chartering Gallaudet University] and Kennedy, because he stopped the Cuban Missile Crisis and saved millions of lives.”

Class dismissed.



email: gwarner@buffnews.com

Falls woman reports shots were fired at house

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NIAGARA FALLS – A woman told police early Tuesday morning that someone fired shots at her 92nd Street house.

She said the shots appeared to have been aimed at her 23-year-old son’s second-floor bedroom window.

Police responding to the call just before 12:30 a.m. in the 600 block of 92nd Street found that some type of small-caliber bullet or BB had gone through the bedroom window’s screen, two glass windows and a curtain shade, then into the drywall. Damage was listed at $310.

The son told police that he was standing about five feet from the window when he heard the glass break.

The woman said they have had problems with a neighbor.

Niagara Health Dept. gets perfect score for emergency preparedness

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LOCKPORT – For the third consecutive year, the Niagara County Health Department received a perfect score from the state Health Department on emergency preparedness.

Public Health Director Daniel J. Stapleton said Tuesday that the 100 percent score in the review, conducted Oct. 22, came despite budget cuts and increasing state and federal mandates in the readiness sphere.

The state report said Niagara County’s “attention to detail and completeness of their plans, attachments and reference materials is a model for other jurisdictions. … Niagara County takes planning beyond the requirements and should continue to think forward and prepare for all-hazards responses.”

Local growers to lead discussions on tillage

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Farmers who grow vegetables and other field crops and want to learn about reducing tillage in their farming operations are invited to join a new local discussion group on the topic.

The “Reduced Tillage Grower Discussion Group” is being organized by the Cornell University Cooperative Extension Service in Erie County.

Local growers will lead discussions.

The first meeting of the new group will be held from 1 to 4 p.m. Feb. 25 in the extension service’s Genesee County office, 420 East Main St., Batavia.

Preregistration for the discussion group meeting is requested and should be made by Friday, organizers said.

To register, contact Carol MacNeil at crm6@cornell.edu or (585) 313-8796. For questions about the discussion group, the contact person is Donn Branton at Brantonfarm@rochester.rr.com.

State will rip out Robert Moses Parkway in Niagara Falls

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NIAGARA FALLS – New York State will grant Niagara Falls its decades-old wish of removing the Robert Moses Parkway along the upper Niagara Gorge.

State officials for the first time agreed this afternoon to tear out the four-lane highway – which separates pedestrians from unparalleled views of the gorge – and replace it with a true low-speed park road like that in Niagara Falls, Ont.

That two-lane road will be set back hundreds of yards from the rim of the gorge, allowing for the restoration of native plantings and the construction of a new multi-use hiking trail for the growing eco-tourism industry.

Plans call for the Moses to be ripped out from downtown Niagara Falls to Findlay Drive in the city’s North End, and potentially all the way to Lewiston, although the latter part has yet to be determined.

The move would also connect city streets – currently walled off by fences and guardrails – to the breathtaking but largely untapped asset that is the gorge.

New construction – which would not begin for at least two years – would also create a new tourism “node” along the upper gorge corridor by integrating existing attractions with the hiking, biking, fishing, zip-lining and cross-country skiing opportunities afforded by the new trail.

Work will begin immediately on design and engineering work for the portion of the Moses south of Findlay Drive within the city. As that process moves forward, more public input will be gathered on the more controversial stretch between the Niagara Falls city line and Lewiston.

Environmentalists want that portion of the parkway to be completely removed in favor of a pedestrian trail and restored greenery, while business interests in Lewiston and residents in the city’s DeVeaux neighborhood say at least some part of the little-used road should remain.

Depending on which option is selected, the entire project could cost between $30 million and $50 million. Federal officials are attempting to corral funds for the project, which would be completed in four years in a best-case scenario.

An open house with State Parks officials will be held until 7 p.m. at the Conference Center Niagara Falls, 101 Old Falls St., to discuss the designs.

More details about the plan can also be found at blogs.buffalonews.com/niagara_views/.



email: cspecht@buffnews.com







Hochul lands job at M&T Bank

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Former Rep. Kathleen C. Hochul is joining M&T Bank as vice president of government relations. She says her new job is all about what her old one was: bringing jobs to Western New York.

Hochul, who lost her House re-election bid in November in a close race against former Erie County Executive Chris Collins, will represent M&T in building relationships with local, state and federal officials, the bank said Wednesday. She will work out of M&T’s headquarters in downtown Buffalo.

“M&T has been a large presence in our community. It is a leader in helping small businesses to have opportunities to expand and grow, and this is really a continuation of my efforts as a member of Congress,” Hochul said. “It’s really a perfect fit for me.”

Federal law will bar Hochul from lobbying her former congressional colleagues for two years, but she will be free to reach out to other officials on the bank’s behalf.

Nevertheless, she said she did not see her new post as primarily a lobbying job.

“This is being part of a team that is absolutely immersed in the fabric of Western New York and upstate New York, and I will be involved in whatever levels they need me to be,” Hochul said. “It’s not limited in speaking to people in government. It’s also carrying on their mission with community organizations and community leaders as well.”

Hochul said that M&T Chairman Robert G. Wilmers approached her in December about joining the bank and that she decided to do so after completing her work in Congress and a vacation with her husband, U.S. Attorney William J. Hochul Jr.

“The reputation of the bank is just so stellar,” she said. “It’s a much larger presence in Washington, Baltimore, the whole East Coast than I think many people in Western New York realize. There wasn’t a person I spoke to in Washington that wasn’t familiar with their reputation and their small-business lending.”

Hochul, a Democrat, represented New York’s 26th Congressional District in the House for most of the past two years after winning a special election that followed the resignation of Rep. Chris Lee, R-Amherst. Previously, she served as Erie County Clerk from 2007 to 2011.

“Kathy brings a broad range of government knowledge and experience to M&T Bank,” said M&T Bank President Mark J. Czarnecki. “As a company employing more than 15,000 people and as the nation’s sixth largest U.S. Small Business Administration lender, it’s important for M&T Bank to maintain continuing dialogue with our local, state and federal government leaders to help them understand our vital role in creating jobs and economic growth in communities we serve.”

Hochul agreed, noting that M&T’s work will be important to the revitalization of the Buffalo area.

“They’re very much linked to the destiny of Western New York,” she said. “Their efforts in supporting the redevelopment of Buffalo and Western New York are critical.”



email: jzremski@buffnews.com and jepstein@buffnews.com

Mayor seeks re-election in North Tonawanda

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NORTH TONAWANDA – Mayor Robert Ortt will run for a second term in office, with a plan to focus on upgrading dilapidated housing stock, fixing roads and instituting more reforms and economic development projects such as the ones developed during his first four years on the job.

“It’s a very fulfilling job. I know as a mayor I have an opportunity to do something great,” he said Wednesday. “I don’t do that every ay, but I have the opportunity every day.”

Before he was elected, Ortt, 33, a Republican, had a career as a financial planner and was a member of the Army National Guard, serving for a year in Afghanistan. As mayor, he championed veterans’ initiatives, such as a homebuilding project for a soldier who lost his legs. He also hired a new public works superintendent who developed a street repair plan, and negotiated the transfer of emergency dispatch workers to the Niagara County Sheriff’s Office in Lockport. The dispatch department had cost the city about $440,000 a year.

Most of the other elected posts with terms expiring are held by people who intend to run for re-election, or for an elected post of some kind:

• City Attorney Shawn Nickerson will run for a third four-year term, Ortt said.

• Common Council President Richard Andres of the 2nd Ward, a North Tonawanda High School history teacher, said he was weighing his options and not ready to announce.

• Alderman Russ Rizzo, of the 1st Ward, a former county legislator and former owner of an office supply business, said he will seek re-election. An Independent who caucuses with Republicans, Rizzo served on the council from 2000 to 2009 before spending two years as a Niagara County legislator.

• Alderman Eric Zadzilka, of the 3rd Ward, who tests and screens patients for a Williamsville eye doctor, will run for a third term.

• Alderwoman-at-Large Nancy Donovan could not be reached to comment.



email: mkearns@buffnews.com

High court upholds firings in Falls school residency case

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NIAGARA FALLS – The state’s highest court has come down on the side of the Niagara Falls School Board in cases filed by employees fired for violating the district’s residency rule.

The Court of Appeals ruled unanimously that Roxanne A. Adrian, a high school English teacher, and Karrie Beck-Nichols, a production control manager in the administration, cannot get their jobs back.

A third case, involving high school guidance counselor Keli-Koran Luchey, was sent back to State Supreme Court in Niagara Falls “for further proceedings in accordance with this opinion.” Michael F. Perley, attorney for the school district, said that presumably means Luchey will not get her job back, either.

All three employees were fired at the Sept. 24, 2009, School Board meeting, after reports were received from private investigators hired by the district who tailed their vehicles after work and on weekends.

“The Court of Appeals held the law is enforceable, contrary to what the lower court said,” declared Angelo Massaro, attorney for the School Board.

State Supreme Court Justice Ralph A. Boniello III had said it was not enforceable in a ruling in favor of Adrian and Luchey in October 2010.

The high court ruled Tuesday that the district doesn’t have to hold a disciplinary hearing, called a 3020a hearing after the applicable section of the Education Law, in order to fire anyone over residency violations. That’s because residency is a condition of employment for all Niagara Falls School District staff.

“The 3020a issue was a real big deal to Adrian and Luchey’s counsel,” Perley said. “That was engineered from the beginning to get to the Court of Appeals.”

Anthony J. Brock of the New York State United Teachers, who represented Adrian and Luchey, could not be reached to comment Wednesday. Neither could Terry M. Sugrue of Buffalo, who represented Beck-Nichols.

Massaro liked another aspect of the 24-page ruling. “They emphasized that the process followed by the board through the eight or nine years of litigation was proper and complied with due process,” he said.

The court found that the district exceeded what it needed to do in terms of warning letters and interviews seeking evidence about where employees actually live.

The residency rule says school district employees who already live in Niagara Falls must stay there and that new hires who don’t live in the city have six months to move in. A six-month extension of that deadline may be granted by the School Board.

Beck-Nichols lived in the Falls when she was hired in 1994, but she and her husband bought a house in Lewiston in 2001 and signed a STAR tax exemption form in Lewiston calling that their primary residence. But she filed forms in 2003, 2004 and 2009 asserting she still lived in the Falls.

Adrian was hired in 2003, when she lived in Williamsville. She was given a six-month extension of the deadline to move into the Falls. She claimed she lived on 73rd Street, but she used her Williamsville address on a state form for permanent teaching certification in 2007.

Luchey lived in North Tonawanda when she was hired in 1999. She claimed to have moved into the Falls in 2000, but investigation found that sometime before 2008, she had moved to Amherst.



email: tprohaska@buffnews.com

Emails deliver disturbing message about William St. post office

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WASHINGTON – The U.S. Postal Service’s William Street processing center appeared to survive yet another near-death experience Wednesday, but only after a frantic call from Sen. Charles E. Schumer to the postmaster general, who vowed to stick to his original promise of keeping the facility open until 2015 no matter what his underlings are saying.

But that wasn’t enough to satisfy Rep. Brian Higgins, D-Buffalo, who said he wanted the postmaster general to commit in writing that he would keep the facility open, especially in light of evidence that the Postal Service is already shipping some of the facility’s equipment to Rochester.

And so ended a bizarre chain of events surrounding the facility’s fate, which started with a leak to The Buffalo News of an email from a Postal Service official to local union leaders indicating that operations at William Street could be curtailed as soon as June 1.

The email, which union officials received last Friday, included an attachment indicating that at least 360 jobs could be eliminated at the Buffalo facility as part of an effort to boost the finances of the Postal Service, which lost $16 billion last year alone.

“I am sure you recognize that the Postal Service is facing tremendous pressure to reduce costs as quickly as possible,” Ken Botknecht, area labor relations specialist for the Postal Service, wrote in his email to Buffalo postal union officials.

But the suggestion that the facility’s operations would be cut back by June 1 directly contradicted a vow that Postmaster General Patrick R. Donahoe made last May, when he promised that the William Street facility would remain in operation until at least 2015.

Not surprisingly, Botknecht’s email enraged Higgins, who wrote to Donahoe to protest the proposed early shutdown.

Higgins also released an angry statement:

“Now, just months after a reprieve and commitments to the contrary, it appears the USPS management is trying to pull one over on this community with a sneak attack that could turn the lives of local workers and the operations of local businesses completely upside down.”

Higgins, who is traveling overseas on congressional business, could not be reached by phone at that point for further comment.

Enter Schumer, D-N.Y., who extracted Donahoe’s earlier commitment to keep the William Street facility open for three more years.

After seeing Botknecht’s email, Schumer called Donahoe twice and eventually was able to pull him out of a meeting.

“I just spoke to the postmaster, and he reiterated his commitment that Buffalo stays open until 2015,” Schumer said. “I said: Is it unequivocal? ... He said: Absolutely.”

Donahoe was unfamiliar with the memo that once again threatened the Buffalo facility’s future, Schumer said.

“He didn’t know what this memo was,” Schumer said. “If Buffalo’s on the list, it’s a mistake.”

Botknecht did not return a phone call seeking comment, but Deputy Postmaster General Ronald Stroman confirmed that Schumer and Donahoe had talked.

“I just know that the postmaster general gave Sen. Schumer some general assurances regarding the facility in Buffalo, that there are no plans to do anything with it this year,” Stroman said.

But that wasn’t good enough for Higgins, whose staff had received word from postal employees that a flat mail-processing machine at the William Street facility is currently being dismantled in preparation for a move to the USPS facility in Rochester.

The Postal Service proposed a year ago to shutter the William Street facility and transfer its operations to Rochester, a move that drew fire from local lawmakers who eventually forced the agency to back down and commit to keeping the facility open.

Given that the machinery is already being moved to Rochester, Higgins – from his undisclosed location overseas – issued another statement:

“If the postmaster general is still committed to maintaining the Buffalo mail processing facility at full operation levels through at least 2015, then we welcome that communication in writing from him. All recent evidence, including the movement of equipment and formal USPS notices to move staff, point to the contrary.”

For his part, Schumer seemed satisfied with the postmaster general’s verbal commitment.

“He said the commitment stays the same,” Schumer said. “If Buffalo’s on a list for moving up closings, it shouldn’t be, and it won’t.”

Still, Higgins demanded more.

“While I certainly have confidence in Sen. Schumer and know well of his personal commitment to this issue, past history has shown me that the postmaster cannot be relied upon to be a trusted partner,” Higgins said.

In addition, local postal officials have never offered a verbal acknowledgement of Donahoe’s commitment to Schumer that the facility will stay open until 2015, said Frank Resetarits, president of the Buffalo local of the American Postal Workers Union.

That being the case, Resetarits said local postal workers were less than happy with the topsy-turvy tale of the facility’s fate.

“It’s been a roller coaster of emotions for them,” he said. “It’s been very stressful.”

Nevertheless, Resetarits said he was pleased, for now at least, with how the story appears to be ending.

“Today is a great day, because it finally satisfies the commitment level” that the postmaster general has for the Buffalo facility, at least until 2015, he said.



email: jzremski@buffnews.com

Firing Ruff is too late, and it’s too little

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Darcy Regier arrived 20 minutes late Wednesday to announce that he had fired Lindy Ruff as his head coach. It was fitting, because like so many of the general manager’s moves, this one was long overdue.

Among NHL types, there was a sense of amazement that Ruff has lasted so long in a head job. There’s perhaps even more astonishment over Regier’s continued employment. But that’s how it goes in sports, where GMs build flawed teams but coaches are usually the first to fry.

Ruff could have been fired many times over the last 16 years. He certainly should have been jettisoned last spring, when several of his veterans questioned his abrasive methods in an animated meeting after the team missed the playoffs.

It would have been merciful to fire Ruff then, allowing him to find another town in which to prove himself. Instead, Regier waited, as he has done so many times at the trade deadline. Ruff set about “reinventing” himself. He stuck around until the situation had become unbearable, with the home crowd booing throughout Tuesday’s loss to the Jets and Ruff fielding questions afterward about how the fans hated his team.

Evidently, that humiliation made it obvious even to the fawning owner, Terry Pegula, that it was finally time for Ruff to go. Regier said it was his decision, but there’s no way this 16-year coach/GM union could be ripped apart unless Pegula demanded it.

Still, I was surprised when it happened. Ruff had been the Sabres’ coach for so long, and become such an entrenched figure in the local sporting culture, that I thought he might coach forever. It was hard to remember the Sabres without Ruff as the coach. Marv Levy was still coaching the Bills when Ruff succeeded Ted Nolan in July 1997. I’ve covered eight Bills head coaches during that time.

Ruff became a winter fixture. He was one of us, a former Sabre entrusted with one of our civic treasures. He became a Buffalo guy, content to settle in the community. He played or coached in more than half the games in the team’s history. Ruff coached through some of the franchise’s most turbulent times, and under all four ownerships.

People forget that Ruff was reviled at first, because he took over for the beloved Nolan. Early in his first season, around Christmas, he was booed by a bunch of kids at an open skate. But he won the fans around soon enough, by winning games.

He was a first-time head coach, and people wondered if his message might be too new. At the end, it was a matter of his voice becoming too old and stale. It happens in sports, especially in hockey. It’s no disgrace. The amazing thing is it took Regier this long to see it.

It’s not always fair. But you can’t fire the roster, and GMs have more cover because they’re closer to the top of the chain. But Buffalo was more than fair to Ruff, who was the longest-tenured coach in the NHL and would have been long gone in almost every other community.

Ruff got the benefit of the doubt in this town, more so than many of the men who quickly fell out of favor with the Bills. It’s rare indeed for an NHL coach to see his kids grow up in one place.

Perhaps that made Ruff too settled and complacent, like his teams in later years. Regier is ultimately responsible for the team’s soft competitive character. But Ruff had power; if he couldn’t get the kind of roster that reflected his tough guy ethos, he should have resigned.

Staying too long diminished him. Ruff talked about reinventing himself, but that should have happened sooner, and elsewhere. The record he leaves behind is uneven, filled with more failures than triumphs.

Ruff’s teams won five playoff series in his first two seasons in Buffalo. They have won a total of five playoff series in 13 seasons since then. The Sabres have not won a playoff series since 2007. As I said, the man got more than a fair bargain here.

His record is also Regier’s, of course. Despite his shortcomings, Ruff is a better coach than Regier is a GM. There has long been a belief that Regier would never fire his old friend, and that the two of them would only go out together.

That’s all changed now. At some point, a dreadful on-ice product and a vocal, disenchanted fan base will spur even Pegula to take action.

Friday will be the second anniversary of Pegula’s inaugural news conference as owner of the team. Many people remember it as the day he cried at the sight of his hero, Gil Perreault.

I recall it as the day Pegula sat with our editorial board and accused us of hurting the team with negative coverage. He said Ruff and Regier “ain’t going nowhere” and scoffed when we suggested that he should consider replacing them, or at least bring in an outside personnel man.

Pegula refused to acknowledge he had a problem. Two years later, the problem persists. The Sabres are a joke. Ruff is gone, but Regier remains. The man who is ultimately responsible for this sorry team is still in charge. But he is one step closer to the door.

There are no more excuses for Regier, or for the players who helped get Ruff fired. If this roster is really so talented, it’s time for them to show it. Regier said some changes might be in order. He needs to back it up with some significant roster changes.

Pegula perpetuated the dysfunction two years ago, when he behaved like some starry-eyed fan and threw his unconditional support to Regier and Ruff. He lost precious time. The question now is how desperately the owner wants to be right about his general manager – after handing him a contract extension on the eve of the opener.

My feeling is the same as when the new owner came to town. Regier is the root of the problem. I wouldn’t trust Regier to move this team forward. There’s no way he should have the say on the next head coach.

Regier didn’t have any answers Wednesday. He couldn’t explain why the team had struggled. He insisted that the players hadn’t tuned out Ruff. He said everyone in the organization shared responsibility, but as always, there was a sense that no one was being blamed.

Ruff is gone, but there’s still a suffocating sense of denial. Maybe the Sabres will get a jolt of energy from their coach’s firing. Players are motivated to show the coach really was holding them back.

A coaching change can lead to amazing things, as the Los Angeles Kings showed last season.

Firing Ruff is a good thing, if long overdue. Pegula might be figuring things out at last. He’s half-right, which is a start.



email: jsullivan@buffnews.com

VA offers few details on reuse of insulin pens

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After testing 476 patients, the Buffalo Veterans Affairs Medical Center has uncovered the possibility of infection from the inadvertent reuse of insulin pens that were intended only for one-time use, but it provided few details.

In November, the Medical Center learned that between October 2010 and November 2012, 716 patients may have been exposed to HIV, hepatitis B or hepatitis C through the possible reuse of insulin pens that were not labeled for individual patients.

The hospital attempted to contact 570 patients by telephone or mail, said Evangeline Conley, a spokeswoman for the hospital. To date, of the 541 living patients, 476 consented to testing for possible infection and nine declined testing. The remaining patients have yet to respond to the hospital, she said.

The Medical Center indicated that initial testing uncovered the possibility of infection, but no details were provided on the nature or extent of the infection in patients.

“We are engaging in an epidemiologic analysis to definitively pinpoint the source of infection and have not yet completed that analysis,” Conley said. “We want to make sure the information we have is accurate and definitive.”

In a similar case, Cattaraugus County Public Health Director Dr. Kevin Watkins earlier this month reported to the Board of Health that at least 12 people tested positive for hepatitis C and one person for hepatitis B after undergoing screening offered by Olean General Hospital because of the possibility that insulin pens were inadvertently reused. Watkins could not be reached to comment further.

Olean General last month mailed 1,915 patients letters recommending they seek testing, after an internal review raised the possibility that some of them may have received an injection from another patient’s insulin pen. It’s still not clear how those people may have been infected, and the meaning of the test results remains uncertain.

The percentage of patients testing positive for hepatitis C at Olean General is less than 2 percent of all those tested, said Dennis McCarthy, a spokesman for the hospital. That rate is lower than the prevalence of hepatitis in the general adult population in the United States, which is about 2 percent.

“We believe that the chance of infection from the use of an insulin pen at Olean General Hospital is almost zero,” said McCarthy.

Hepatitis refers to a group of viral infections of the liver. Hepatitis C virus infection is the most common chronic blood-borne infection in the United States, according to the federal Centers for Disease Control and Prevention.

An estimated 4 million people in the U.S. are infected with hepatitis C. Of those, about 3.2 million have long-term chronic hepatitis C, and the rest have acute infections that get better, according to the American Liver Foundation.

The faulty insulin practices occurred despite a 2009 Food and Drug Administration warning against reusing the devices, as well as a January 2012 alert from the Centers for Disease Control.

Insulin pens were designed for convenient self-injections by diabetics at home. But their use has increased in hospitals as well since their introduction in the 1980s.

The nonprofit Institute for Safe Medication Practices recently issued an alert, recommending that hospitals strongly consider transitioning away from the routine use of insulin pens, even though no cases have been reported yet in which blood-borne pathogens were transmitted from patient to patient.

The Veterans Health Administration National Center for Patient Safety recently prohibited use of multidose pen devices in patient care units at VA facilities, with a few exceptions. In addition, the inspector general at the U.S. Department of Veterans Affairs has initiated a review of practices at the Buffalo VA Medical Center.

The institute noted that the recent cases in Western New York are similar to other incidents elsewhere in the country.

“All it takes is one or two individuals who are not aware that it is unsafe to place a new disposable needle on a pen used for one patient and use it to deliver a dose of insulin to another patient,” the group wrote in its alert. “Completely controlling for this is difficult, perhaps even impossible, given that unsafe pen use has persisted despite educational efforts and monitoring.”



email: hdavis@buffnews.com

School aid cited as NYSUT sues to overturn tax cap

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ALBANY – The state’s largest teachers union is suing New York State in an attempt to have the property tax cap declared unconstitutional, setting the stage for a protracted legal and political battle.

New York State United Teachers, or NYSUT, said the cap violates the state constitution by perpetuating funding inequalities between rich and poor school districts and violates “one person, one vote” protections.

The 600,000-member union filed a lawsuit Wednesday in State Supreme Court here in an effort to overturn the law that caps the annual growth of local property taxes at about 2 percent, unless 60 percent of local voters agree to tax beyond the cap.

“This is not about raising property taxes,” NYSUT President Richard C. Iannuzzi said in an interview. “This is about the state equitably funding education.”

Thousands of teachers have lost jobs since the tax cap and economic pressures forced school districts to cut costs. The union timed its lawsuit to the start of budget talks at the Capitol over state aid for public schools.

While Senate Republican leader Dean G. Skelos, of Nassau County, said the lawsuit is without merit, another group of Democratic and Republican lawmakers called on Gov. Andrew M. Cuomo to increase funding for the state’s nearly 700 school districts – 87 percent of which have let teachers go in the last couple of years.

An upstate business group that helped push for enactment of the tax cap sharply criticized the union’s lawsuit.

“Once again, NYSUT is showing its disdain for taxpayers. New York State continues to have some of the nation’s highest property taxes, and the tax cap was the first step toward addressing this crisis,” said Brian Sampson, executive director of Unshackle Upstate.

He noted that 95 percent of the state’s schools stayed within the cap level in their first round of school budget votes last year.

With personnel costs amounting to at least 75 percent of district expenses, school officials for years have been pressing Albany to reduce state-imposed mandates, such as the Wicks Law, which drives up construction costs by requiring multiple prime contractors on projects.

Another mandate, the Triborough Amendment, permits salary “step”’ increases to proceed when teacher contracts expire, giving little incentive for NYSUT locals to cut deals to help reduce wage and benefit costs.

By setting caps on how much a district can raise in property tax revenues, the tax cap law keeps in place “funding inequities” between wealthy districts and those that serve low-income families in urban and rural districts, NYSUT contends.

The lawsuit alleges seven causes for the action, including that the provision allowing 60 percent of a district’s voters to override the cap is unconstitutional. During the tax cap debate before the law was passed, the union had sought to override attempts to be successful on a simple majority – 50 percent plus one vote – in annual school budget votes.

The union says the 60 percent rule means that someone wanting to override the cap has only two-thirds the voting power of opponents.

Voter anger over rising taxes, implementation of the tax cap and a sour economy have prompted districts across New York to cut programs and staff positions over the last couple of years.

The New York Council of School Superintendents recently reported that districts, on average, have cut 9 percent of their positions over the last two years and that 59 percent increased student class sizes this year.

Eighty-four percent of schools are getting less state aid than they did in 2008, and 9 percent of superintendents statewide – and 12 percent of those in Western New York – believe that their districts could face insolvency in the next two years.

Many localities, which are also subject to the tax cap provisions, say they increasingly are feeling fiscal strains during a period of flat-line state aid and limits on how much they can ask local voters to fund state-imposed costs for expenses such as employee pensions and social service programs.

Cuomo, the prime backer of the tax cap, has insisted that the property tax program is not a cap, since it does allow local voters to exceed the level if 60 percent of them say so.

“People have a right to go to court. God bless America. God bless our system,” Cuomo said.

But he defended the tax cap as one of the most important changes that his administration has achieved and rejected NYSUT’s call for more state aid to schools. “The answer can’t always be putting the hand in the pocket of the taxpayers of New York,” Cuomo said. “… The answer that it’s more money, more money, more money, I reject.”

The cap is not a straight cap on each homeowner’s property taxes, but rather on the total property tax levy for a district or locality in a given year. There are also spending exceptions to the cap, which means that the actual cap can – and has gone – above the 2 percent level in most communities.

The NYSUT challenge is a serious one because it is a well-funded union with the resources to see the court challenge through to the end.

If the courts reject the cap, it would be a political blow to Cuomo, who is up for re-election next year and who made the tax cap plan one of his signature policy initiatives in his first term.

NYSUT says the state has failed to live up to the decision of an historic school funding lawsuit resolved in 2007, when Albany agreed to spend an additional $7 billion on “low-wealth” districts by 2011. Only $2 billion of that level was spent, NYSUT alleges. Cuomo’s 2013 budget proposal allocates about $300 million less on public schools than the 2008 level, the union contends.

Most school districts were averaging tax increases of about 3 percent per year in the few years before the tax cap was enacted, but Albany’s funding commitment to schools is inadequate, according to the union.

“There needs to be a very serious discussion that New York keeps punting down the road on how to fund education,” Iannuzzi said, adding that schools have shed 30,000 positions in the last few years.

While NYSUT wants the state to increase aid to schools as a way to help districts rely less on property taxpayers, districts over the years have said NYSUT has made the situation worse by opposing state mandate relief that would reduce expenses for schools.

In its legal challenge, NYSUT says funding differences between schools is attributable to assessed property values that vary dramatically across the state.

It noted that the amount districts spend per student ranges from $23,000 at one North Country school to $36,000 at the Southampton district on Long Island.

The way the tax cap is structured, NYSUT says, local control of school financing is undermined, a protection that the state’s highest court has upheld in past cases.

The union says the cap is also flawed because wealthier districts can afford to break the tax cap, leading to further inequities between rich and poor communities.

The union also calls illegal the tax cap law’s “poison pill” that sets spending levels if 60 percent override results are not achieved in two separate referendums. That, according to the union, has a “chilling effect” on voters who want to spend beyond the cap’s level.



email: tprecious@buffnews.com

4 bucks a gallon? Gas pain is out of control

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We’ve watched it rise for 33 straight days now, and Wednesday the average price of regular gasoline crossed $4 a gallon in New York.

The reasons for the steady increase are as complicated as the formula for making the fuel. Part concern over uncertainties in the Middle East. Part a new gasoline mixture for the summer season. Part the higher cost of crude oil.

But gasoline prices also are rising because they can. We’ve shown we’re willing to pay 4 bucks or more a gallon.

“The thing is, the prices rise because no one stops it,” said Ralph Bombardiere, executive director of the New York State Association of Service Stations and Repair Shops.

Experts blame the higher cost at the pump on everything from refineries coming off-line for maintenance to Wall Street oil speculation, but the reasons for the rise in prices are mostly – and frustratingly – out of our control.

Higher gas prices, particularly when there’s a “4” in front of them, do spur us to change some of our travel habits. We carpool, use public transportation more and buy fuel-efficient vehicles.

But this tends to last only as long as the high prices, and gas station owners do everything they can to avoid crossing this emotional threshold.

“People get spooked by that $4 sign,” said Patrick DeHaan, senior petroleum analyst at GasBuddy.com, a website that tracks gas prices across the nation.

The price of gasoline has shot up by 24 cents over the last month – and 7 cents in just the last week – to an average of $3.97 for a gallon of regular at gas stations in the Buffalo area Wednesday, according to AAA’s Daily Fuel Gauge Report.

The price at some gas stations in Western New York reached as high as $4.09, as recorded on GasBuddy.com, well above the $3.84 average we were paying a year ago.

Statewide, motorists were paying $4 per gallon Wednesday, an increase of 28 cents over the price from a month ago.

Nationally, the average price of a gallon of regular has gone up 33 days in a row, the Washington Post reported, and it stood at $3.77 on Wednesday. That’s up by 46 cents from last month.

This price increase was more dramatic nationally than in the Buffalo Niagara region, a sign that we may have some “catching-up to do,” DeHaan said.

Prices here are significantly higher than in most other areas of the country, in part because New York is one of a “handful of states” that charges sales tax on top of federal and state gas excise taxes, said Steve Pacer, a spokesman for AAA of Western and Central New York.

This means we pay 18.4 cents per gallon in federal taxes along with 51 cents in state taxes – including the sales tax – per gallon.

“Our taxes are a little higher than many of our neighboring states,” Pacer said.

Drivers in Buffalo Niagara were paying a few pennies more than their counterparts in Rochester, Syracuse and Albany, but the disparity is nothing like what we’ve seen in past years.

Pacer also said Buffalo has fewer gasoline retailers than other parts of the state. While Rochester and Syracuse have 25 retailers in their vicinity, Buffalo Niagara has about 21. “We have fewer low-cost options,” he said.

But we do have access to some of the cheapest gas in the state, thanks to tax-free fuel sold on tribal land in the area.

Wednesday morning, the lowest price in the state was an outlier $3.61 at a Getty station in Brooklyn, but the next four cheapest prices in New York were all at stations on the Cattaraugus Indian Reservation in Irving, according to GasBuddy.com.

The overall rise in gas prices since the start of the year is perplexing to some experts.

“I’m not quite sure what’s happening here,” said Lawrence Southwick, a retired University at Buffalo economist, who noted that the wholesale price of gasoline rose last week even as the price of crude oil fell slightly.

The price of crude remains historically high, even though the world’s supply of oil is sufficient for the current level of demand, the Post reported, citing the International Energy Agency. The markets are worried about the standoff among the United States, Israel and Iran over Iran’s nuclear ambitions, but this isn’t anything new, analysts say.

“When was the last time there were no tensions in the Middle East?” Southwick said.

Pacer blamed the increase on rising cost of crude oil coupled with refineries switching over from making winter blend gasoline to summer blend.

“That costs more to make,” he said. “Also, a lot of refineries have to shut down to [switch over] to produce that.”

But Southwick said refineries should be able to prepare well in advance for these seasonal changes in the fuel blend.

The effect of Wall Street speculators on the price of oil has been hotly debated. The. Federal Trade Commission is studying the issue at the behest of Sen. Charles E. Schumer, D-N.Y., and others, but the FTC has yet to release the results of the review that began in 2011.

GasBuddy.com’s DeHaan said that both wholesale gasoline prices and oil have been going up because speculators are reacting to “positive sentiment” about the economy. He said he wouldn’t be surprised to see the prices fall back “just like the stock market when, after a few good days, people start selling.”

Gas prices are stubbornly rising even as demand in this country continues its post-recession decline. Gas consumption fell by 2 percent in the United States last year, Bombardiere said.

Where will it stop? The rise in prices in early 2011 and again in 2012 prompted fears of gas selling for $4.50 or $5 per gallon, but prices still haven’t hit the records highs from the summer of 2008.

AAA’s national officers are predicting that prices will continue to slowly rise until about early April.

Last year, the peak prices came April 5, when the national average was $3.93. In Buffalo, the peak price was $4.12, coming April 17.

“I can’t see a sustained upward climb to $5, or $4.50,” Bombardiere said, “unless there’s a true emergency.”



email: swatson@buffnews.com and mbecker@buffnews.com

Long prison term possible for man who failed at drug treatment

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LOCKPORT – A Niagara Falls man could be sentenced to as long as 12 years in state prison after being ejected from the judicial diversion program of court-supervised drug treatment Wednesday by Niagara County Judge Sara Sheldon Farkas.

James W. Jones, 48, of 15th Street, was accused by drug court staff of trying to use the diversion program only as a means of staying out of prison, not to stop using drugs. He tested positive for narcotics several times since Farkas placed him in the program last July.

Jones, a six-time felon, had pleaded guilty to third-degree criminal possession of a controlled substance for having crack cocaine in his pocket when his parole officer visited him Jan. 18, 2012. He is being held without bail pending sentencing April 17.

Tonawanda man pleads guilty to kidnapping, abusing 5-year-old girl

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LOCKPORT - David J. Grover, who kidnapped a 5-year-old girl from her North Tonawanda home last summer and sexually abused her, pleaded guilty today after a judge said she probably would allow prosecutors to tell a jury about his past similar crimes.

Grover, 35, of Niagara Falls Boulevard, Town of Tonawanda, agreed to take a 15-year state prison sentence followed by 25 years of probation-like post-release supervision. Niagara County Judge Sara Sheldon Farkas will make it official April 30.

Grover pleaded guilty to second-degree kidnapping as a sexually motivated felony, which lengthened the post-release supervision period and also forced him to register as a sex offender after he is released from prison.

The girl’s great-grandmother told reporters that was important “so he can’t hurt anyone else.”

Assistant District Attorney Robert A. Zucco said if the case went to trial, he and Deputy District Attorney Holly E. Sloma should be allowed to tell jurors about Grover’s 2007 conviction for taking another small North Tonawanda girl on a car ride for several hours without permission.

There was no evidence of sexual abuse in that case, but Zucco said, “It was a remarkably similar offense.”

Defense attorney David C. Douglas said allowing that would sink Grover’s hopes of acquittal.

“I think the prejudicial impact is insurmountable. The trial is over before it starts,” Douglas said.

When Farkas said she was inclined to let the prosecutors introduce information about the 2007 incident, she also asked if there was any chance of a plea today. Douglas asked for time to talk to Grover, and the plea deal was worked out in about half an hour.

email: tprohaska@buffnews.com

Cuomo open to local preference on Buffalo billion timetable

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If one word underscored Gov. Andrew M. Cuomo’s approach to a host of hot Western New York topics during his Thursday visit to Buffalo, it would probably be “flexible.”

During his ninth regional budget-booster session in the last seven business days – this one at City Honors School – Cuomo said the state will consider any time frame that local leaders desire in distributing his “Billion for Buffalo” economic development package.

He also said “everything is still on the table” regarding administration hints about a second gambling casino for Niagara Falls.

And he said that “tweaking” his controversial new gun-control law remains a possibility.

But his assertion that the $1 billion earmarked for economic development in Buffalo could be applied over a desired local timetable – and not as long as 10 years as he outlined in his budget presentation – seemed to answer the most pressing local concern.

It stems from Cuomo’s original 2012 promise to spend $1 billion on incentives to revitalize Buffalo, with the money to be delivered over five years.

In this year’s State of the State address in Albany and in his Thursday speech at City Honors, Cuomo said the $1 billion would be spent over 10 years.

Answering questions from reporters at City Honors, he said the money will be delivered in five, seven or 10 years – “whatever works for Buffalo.”

“We have a fund to invest in Buffalo up to about a billion dollars in whatever plan Buffalo develops,” he said. “It’s not for us in Albany to sit there and say this is the business you should be in, and you should be attracting these businesses and run it this way.”

“If they want to do it over five years, we will do it over five years. If they come up with a configuration over 10 years, we will do it over 10 years,” he added. “If they want to do it over seven years, we will do it over seven years.”

The governor added the payment timetable must be “within reason.”

“If they said, ‘We want all $1 billion within six months,’ that would be a problem,” he said. “As long as it is over time, some period of time, we will make sure it works for Buffalo in whatever business configurations they construct.”

Cuomo has turned to the Western New York Regional Economic Development Council to devise a plan to capitalize on the $1 billion pledge. The council’s general strategy is to pour the money into a base of facilities and programs that make the region more attractive to emerging industries – life sciences, for example. The council wants to help local industries expand, encourage innovative startups, promote tourism and help bring developments in health care to market.

While Cuomo talked Thursday of spreading out the money over a locally determined timetable, his state Budget Division seems to be assuming a 10-year schedule. Cuomo’s state budgets have made $100 million available in each of the last two fiscal years. So far, the WNY Regional Economic Development council has grabbed $50 million of it to move a division of Albany Molecular Research Inc. to Buffalo in the hope it will attract other medical technology companies.

Howard A. Zemsky, the Buffalo-area developer and co-chairman of the council, said he’s comfortable with Cuomo’s answer that the billion dollars can be rolled out as needed.

“They just don’t want to put a clock on us,” he said, adding he also has no firm time frame in mind.

“I would be surprised if we could put all that money to use in the first five years, and I would be surprised if it took us more than eight years,” he said. “I feel like as opportunities present themselves, we will realize those opportunities.”

“I don’t think we will have amazing opportunities where we will have to say to someone ... ‘Oh we can do it in two years but not this year,’ ” he added. “I just don’t feel like we are going to find ourselves in that circumstance.”

Cuomo addressed reporters’ questions following an approximately 45-minute presentation before about 1,200 people in a packed City Honors auditorium. After emphasizing the highlights of his $130 billion spending plan, he also responded to questions about the lack of provisions for a second casino in Niagara Falls – an idea floated in recent weeks by administration officials – in the latest budget amendments filed in Albany.

The governor noted, however, that nothing should be read into that.

“No, no, no – everything is still on the table,” he said. “We’re talking to the Legislature about it. We’re going back and forth with the Legislature; they obviously have their own ideas. So it is developing. But nothing is off the table.”

The Buffalo News reported last month that the administration would propose a new, non-Indian casino for Niagara Falls in the midst of its long-standing financial dispute with the Seneca Nation of Indians. The move set in motion either an effort to jump-start stalled talks over the more than $500 million in lapsed casino revenue-sharing payments from the Senecas throughout the state or an attempt to bring direct, non-Indian competition to the Senecas’ exclusive gambling empire in Western New York.

The governor, in his Thursday presentation, reiterated his aim to add three non-Indian casinos to upstate but did not mention a fourth, which would be the second for Niagara Falls.

He also reinforced his view of the dispute between the Senecas and the cities of Niagara Falls, Salamanca and Buffalo over the tribe’s withholding of casino payments to the state. The Senecas contend the state has violated its casino agreement for Seneca exclusivity in Western New York in return for the payments to the state by establishing “racinos” at several racetracks in the area. His carefully worded discussion of the situation reflects the arbitration under way that will decide the dispute, and the gag order issued by the hearing officer, former Court of Appeals Chief Judge Judith S. Kaye.

“What we have said is that in parts of the state where we have contractual agreements in good standing, we will honor those agreements, primarily with the Indian-run casinos,” he said. “But the agreements have to be in good standing. The agreements have to honored by both parties.”

“I don’t want to be in a position where the state is honoring an agreement that is not honored by the other party,” he added. “And that we will play out over the next few weeks.”



email: rmccarthy@buffnews.com and mspina@buffnews.com

Trek lease about to be signed, Lockport city officials say

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LOCKPORT – The only thing holding up the signing of the Trek Inc. lease on city-controlled space in downtown Lockport is the company president’s absence on a trip to Japan, Corporation Counsel John J. Ottaviano said Wednesday.

He said terms have been completed for the deal that would bring the Medina electronic instrument manufacturer and nearly 100 jobs to Building 4 at Harrison Place, Walnut and Washburn streets.

However, Trek President Michael C. Dehn is not available to sign the documents for a few days until he returns from Japan, where Trek has a plant.

R. Charles Bell, city planning and development director, said an appraiser hired by Five Star Bank, the lender financing the Lockport deal, set the value of the three-story, 96,000-square-foot building at $3.8 million.

That’s enough to support a $3 million loan the bank is making to 210 Walnut LLC, the city-controlled entity that owns the former auto parts plant. The loan is needed to pay for interior renovations, which are 210 Walnut’s responsibility under the deal.

Bell said the $3 million loan is for 20 years at an interest rate of about 5.1 percent. That sets the monthly payment over $20,000. Ottaviano said Trek’s lease payment to 210 Walnut will be more than that, to cover the debt service.

“Because things are moving so fast, there’s a not-to-exceed payment number in there,” Ottaviano said.

Meanwhile, in another business venture, the Common Council voted unanimously Wednesday to grant a special-use permit for the first phase of auto dealer Charles Heinrich’s Lockport Recycling Center on Oakhurst Street.

The first phase involves installation of a truck scale and two concrete pads for transferring construction and demolition debris for recycling or disposal. It will cover one acre of the 16-acre property in an industrial zone.

There are two nearby residents, neither of whom voiced opposition at a public hearing Wednesday.

“The guy who owns the property is going to sell the property. This seems a lot less worse than it could be,” said one of them, Richard Huntington.



email: tprohaska@buffnews.com

Lockport seeks part-time city assessor to replace retiring Macaluso

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LOCKPORT – The city is in the market for a part-time assessor after Joseph Macaluso said Thursday he is retiring, effective March 28.

Macaluso, a Batavia resident who is retired from the state Office of Real Property Services, took over the city assessor’s office in April 2009 and has generally worked two days a week. His salary this year was to have been $20,607.

“We’re not going back to a full-time assessor,” Mayor Michael W. Tucker said. “We’ve proven we can run without a full-time assessor.”

Macaluso said he will be 62 on April 3 and has applied for Social Security benefits, which limits the amount of money he can earn without penalty to about $14,500 a year. “I am going to work part time at the Batavia Country Club,” he said. This summer, he will be doing the bookkeeping. “I figure turning 62, it was a good time to say, ‘That’s enough,’ ” Macaluso said. “We are planning on a 2014 update, so the city needs to look forward.”

In 2011, Macaluso presided over the city’s first full-scale reassessment in a decade and placed the city on a three-year schedule of citywide revaluations.

The reassessment was done with the help of a consulting firm, but Tucker said the city is required to name someone as assessor to meet the legal requirement of signing the annual tax roll. He said the city could hire a company to perform much of the work, because the city negotiated the assessor title out of the department head union several years ago.

Tucker said it doesn’t look like the city will be able to make a deal to share an assessor with another municipality, as Wilson and Niagara Falls do. He said he talked to Town of Lockport Supervisor Marc R. Smith about sharing, but it doesn’t seem like the timing is right. “I’ve always hoped to share assessment services with the Town of Lockport. Their assessor out there [Jill Lederhouse] is relatively new,” he said.

Lederhouse was hired in December 2011 after having served as acting assessor since March 2011 and deputy assessor before that. Tucker said he had hoped to share the services of her predecessor, John E. Shoemaker, but when he left the town to become Niagara County real property services director, the plan was sunk.



email: tprohaska@buffnews.com

Second house fire on Ashland Avenue in Falls is tied to same man

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NIAGARA FALLS – A man who used a gas furnace to heat a condemned house in which he was living at 1348 Ashland Ave. is believed to have been responsible for a fire there just before 10:30 p.m. Wednesday, according to Niagara Falls fire investigators.

The house was condemned Sunday night because it had no electric meter. The lack of a meter was discovered after a fire Sunday next door at 1354 Ashland, according to city Fire Investigator Gerald R. Aderhold.

Aderhold said that there was no electric meter at 1348 Ashland and that residents at 1354 Ashland had been taking advantage of free power by running extension cords from that house to their own.

This led to the fire Sunday night, which caused $20,000 damage and displaced a family of two adults and three children, he said. The building inspector condemned 1348 Ashland on Sunday night once he learned that there was no electric meter there.

Aderhold said, however, that Antwan M. Boykin, 29, continued to live in the house at 1348 Ashland.

After Sunday’s fire at 1354 Ashland, Boykin allegedly ran his own electrical cords to another house – at 1348½ Ashland – and also bypassed the gas furnace in the condemned house at 1348, manually lighting the furnace.

“It ended up heating the interior wall to the point where it caught fire and burned the house,” Aderhold said.

No injuries were reported, and Boykin told investigators he was not home at the time of the fire.

Niagara Falls firefighters confined that fire to a wall cavity in the house’s dining room area and the attic. Damage was estimated at $4,500.

Aderhold said no charges have been filed against Boykin.



email: nfischer@buffnews.com

Man admits kidnapping, abusing N. Tonawanda girl

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LOCKPORT – A Town of Tonawanda man, who kidnapped a 5-year-old girl from her North Tonawanda home last summer and sexually abused her, pleaded guilty Thursday after a judge said she probably would have allowed prosecutors to tell a jury about past similar crimes.

David J. Grover, 35, of Niagara Falls Boulevard, agreed to take a 15-year state prison sentence followed by 25 years of probation-like post-release supervision. Niagara County Judge Sara Sheldon Farkas will make it official April 30.

Grover pleaded guilty to second-degree kidnapping as a sexually motivated felony. The sexual aspect lengthened the post-release supervision period and also forced him to register as a sex offender after he is released from prison.

The girl’s great-grandmother told reporters that was important “so he can’t hurt anyone else.”

The incident occurred in the predawn hours July 28. Assistant District Attorney Robert A. Zucco said it was obviously a sexually motivated crime.

“What other reason does he have to take a 5-year-old girl from her home in the middle of the night?” Zucco asked in court.

Zucco said if the case went to trial, he and Deputy District Attorney Holly E. Sloma should have been allowed to tell jurors about Grover’s 2007 conviction for taking another North Tonawanda girl on a car ride for several hours without permission. There was no evidence of sexual abuse in that case, but Zucco said, “It was a remarkably similar offense.”

Defense attorney David C. Douglas said allowing that would sink Grover’s hopes of acquittal.

“I think the prejudicial impact is insurmountable. The trial is over before it starts,” Douglas said.

Zucco also said he wanted to introduce evidence about a 2004 conviction for attempted burglary in which Grover entered a Town of Niagara residence, nude from the waist down.

Zucco said Grover told his mother he was on cocaine when he took the girl in 2007. “This is this guy’s fallback argument,” he said.

Farkas said she was inclined to let prosecutors introduce information about the earlier incidents and asked if there was a chance of a plea right away. Douglas asked for time to talk to Grover, and the deal was worked out in about half an hour.

In another sex case Thursday, Farkas told a Wilson High School 10th-grader she will deny him youthful-offender status and send him to state prison for molesting a 5-year-old girl in Cambria between October 2011 and the spring of 2012.

Thomas E. McGrew Jr., 17, of Maple Road, was scheduled for sentencing Thursday, but it was postponed until April 25. Assistant Public Defender Michael E. Benedict asked for the delay so McGrew could serve as much of his sentence as possible in the County Jail.

McGrew faces up to four years behind bars. Farkas said he also will receive 10 years of post-release supervision.

Also Thursday, Brett E. King, 47, of 65th Street, Niagara Falls, was allowed to plead guilty to endangering the welfare of a child for “inappropriate physical contact” with a girl under age 11 between September 2010 and December 2011.

King originally faced a sex crime indictment that could have landed him in prison for 21 years, but now the maximum will be one year when he is sentenced May 22.

Zucco said it was “a one-witness case with a child being the witness.” He said he offered the plea because of “the proof problems and to prevent the child from having to testify in open court.”



email: tprohaska@buffnews.com
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